Kona Coffee Farmers False Advertising $13.1M Class Action Settlement

Update:

• Final approval granted June 3, 2022.

Costco, TJX, and other companies have agreed to a settlement totaling more than $13.1 million to benefit Kona coffee farmers who claimed the companies falsely advertised other coffees as being from the Kona region.

The Class includes all persons and entities who farmed Kona coffee in the Kona District and then sold their Kona coffee between Feb. 27, 2015, and March 9, 2021.

The plaintiffs allege the settling defendants falsely advertised and falsely designated coffee as originating in the Kona region, constituting a violation of the federal Lanham Act.

The settling defendants in the Kona coffee farmers settlement are BCC Assets LLC d/b/a Boyer’s Coffee, Cameron’s Coffee and Distribution Co., Copper Moon Coffee LLC, Cost Plus Inc. and Pacific Coffee Inc. d/b/a Maui Coffee Co., Gold Coffee Roasters Inc., Costa Rican Gold Coffee Co. Inc., John Parry, Costco Wholesale Corp., and The TJX Companies Inc. and Marshalls of MA Inc.

Other defendants in the Kona coffee farmers class action lawsuit have not reached settlements with the plaintiffs and are not included in this settlement.

After attorneys’ fees and other expenses are deducted from the settlement fund, the remainder will be distributed to Class Members on a pro rata basis, calculated by their reported sales volumes.

Claimants must provide the in-production coffee acreage of the farm they worked on for each year from 2015 to 2021.

Class Members filing a claim form also will have the option of donating a portion of their settlement payment to a fund benefiting the Kona region.

In addition to those payments, the settling defendants also are required to modify the label of any coffee product labeled “Kona” or “Kona blend.” Gold is required to create labeling requirements for Costco’s and TJX’s vendors of such coffee products.

The Court granted final approval to this settlement June 25, 2021.

The deadlines to opt out of or object to the settlements have passed.

The deadline to file a claim form is Sept. 25, 2021.

Who’s Eligible

The Class includes all persons and entities who farmed Kona coffee in the Kona District and then sold their Kona coffee between Feb. 27, 2015, and March 9, 2021.

Potential Award

Varies

Proof of Purchase

No proof of purchase is necessary, but claimants must provide their tax name, tax ID, and the in-production coffee acreage of the farm they worked on for each year from 2015 to 2021.

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

09/25/2021

Case Name

Corker, et al. v. Costco Wholesale Corporation, et al., Case No. 2:19-cv-00290-RSL in the U.S. District Court for the Western District of Washington

Final Hearing

06/25/2021

Settlement Website

KonaCoffeeSettlement.com

Claims Administrator

Kona Coffee Farmers Settlement Administrator
c/o JND Legal Administration
PO Box 91232
Seattle, WA 98111
833-667-1227

Class Counsel

Paul Richard Brown
Nathan T. Paine
KARR TUTTLE CAMPBELL

Jason L. Lichtman
Daniel E. Seltz
Andrew R. Kaufman
LIEFF, CABRASER, HEIMANN & BERNSTEIN LLP

Defense Counsel

Jaime Drozd Allen
Stephen M. Rummage
Ambika Kumar Doran
Jacob M. Harper
Benjamin J. Robbins
DAVIS WRIGHT TREMAINE LLP